http://www.dailyherald.com/story.asp?id=233747

Immigration debate hits home with ordinance
BY LARISSA CHINWAH
Daily Herald Staff Writer
Posted Sunday, October 01, 2006


Fed up with Congress' inaction in dealing with the nation's estimated 12 million illegal immigrants, municipalities from California to Pennsylvania are taking the battle back to the grass-roots level.

At least half a dozen towns have adopted ordinances banning illegal immigrants from renting or working locally. Dozens more are considering similar measures. No municipality, however, has begun enforcing such laws.

Now, Carpentersville has entered the fray.

Village trustees Paul Humpfer and Judy Sigwalt have proposed an ordinance that would punish landlords and business owners who "aid and abet" illegal immigrants in the village.

The village board will discuss the proposed Illegal Alien Immigration Relief Act Ordinance at Tuesday's village board meeting.

Humpfer said illegal immigrants are running up health-care costs, increasing crime and gang activity and overcrowding residential properties in his village.

"I'm tired of shuffling this off to the federal government," Humpfer said. "Illegal aliens are hurting our village and the federal government is doing nothing about it."

The ordinance would deny licenses and permits to businesses that hire undocumented workers and fine landlords $1,000 for knowingly renting to illegal immigrants. The ordinance would also recognize English as the official language of the village, whose population of about 37,000 is more than 40 percent Hispanic.

Carpentersville's measure is modeled after an ordinance recently passed in Hazleton, Pa. The American Civil Liberties Union and three other groups sued the town on behalf of 11 residents who said the ordinance was unconstitutional.

Ricardo Meza, regional counsel at the Midwest office of the Mexican American Legal Defense and Educational Fund, said the Carpentersville ordinance is a "lookalike of the revised Hazleton ordinance."

"These ordinances are extremely vague and broad, which is why MALDEF believes they are unconstitutional," Meza said. "This is just a copycat from Hazleton, and it is sending the wrong message to a community that is 40 percent Hispanic."

Vague language is not the only problem with the ordinances. Meza said the issue of pre-emption exists since immigration falls under federal law.

"This is beyond the scope of what the local government can do," he said.

Meza said his group is working with a consortium of attorneys that sued the town of Valley Park, Mo., over a similar ordinance.

In addition, Meza indicated MALDEF planned to send Carpentersville officials a letter stating their opposition to the proposed ordinance.

Still, the pending lawsuits have not deterred Sigwalt and Humpfer from proceeding. Sigwalt said although enforcement of immigration law is a federal matter, the problems often trickle down to the local level.

"The federal government is just moving too slowly on addressing the issue," Sigwalt said. "We want to bring it back to the grass-roots level. We need to protect the village because this is just taking a big chunk out of the taxpayer's pocket."

But Village President Bill Sarto said there is only so much the village can lawfully enforce.

"How can we say English is the official language of the village when it is not even the official language of the country?" Sarto said. "We can't wall off the village or have a check point as people come and go from the village. It is the village's responsibility to take care of all people, regardless of who lives in the city. It is not up to us to say who is legal and who is illegal."

However, groups like the Federation for American Immigration Reform, or FAIR, a Washington, D.C.-based nonprofit organization that supports immigration reduction, said local governments need to step up and force the federal government to take note.

"We welcome the proposal and see it as a positive development," said Ira Mehlman, spokesman for FAIR. "It is happening all over the country because the consequences of illegal immigration are dealt with at the local level. They do have the authority over what goes on in their community and how business is done in the village."

Mehlman said local governments cannot continue to sit back and wait for the federal government.

But village attorneys said local governments are powerless when it comes to enforcing such ordinances.

"Municipalities only have power that the state gives them," said Ron Roeser, a municipal attorney. "Just because you have home rule does not mean you are on your own. They can pass it. But where do they get the power to enact an ordinance on a class of people?"

Opponents said the measure could also create more harm than help to towns where immigrants - both legal and illegal- often flock.

"It has a very large impact on society, especially local communities like Carpentersville," said Sarto, who has continually voiced his opposition. "We have the type of community where you can find a big number of immigrants living here because they can afford housing."

And pushing a group of people out could prove detrimental to the village, said Fred Tsao, policy director at the Illinois Coalition for Immigrant and Refugee Rights.

"We understand the impact of undocumented immigrants and the outcry from local residents," Tsao said. "But it would be unwise for Carpentersville to drive out people who help in driving the economy."

With more immigrants moving out to more affordable living in the suburbs, problems have arisen.

Although officials in communities including Prospect Heights and Waukegan have discussed introducing ordinances targeting illegal immigrants, none have gone as far as reaching village hall.

During the 2005 mayoral elections in Prospect Heights, candidate Ernie Lasse said village leaders were not doing enough to crack down on illegal immigrants. His opponents argued the issue was better left up to the federal government.

But Humpfer said it is time for local governments to take a stance.

"This has been going on for too long," Humpfer said. "I am tired of waiting for the federal government. We need to make them take note."

Carpentersville trustees will seek direction on the matter at Tuesday's village board meeting.

lchinwah@dailyherald.com